Bellamy v. Ameri-Pride, Inc.

NORTHCUTT, Judge.

Eric Bellamy appeals an adverse final summary judgment in his automobile negligence suit against Ameri-Pride, Inc. We reverse because the record did not establish Ameri-Pride’s entitlement to judgment.

Bellamy was rear-ended by a vehicle that was owned by Ameri-Pride and driven by Cesar Calihua. Bellamy sued Am-eri-Pride, which defended by denying that Calihua was never its employee and alleging that Calihua had stolen the vehicle. Pursuant to Florida Rule of Civil Procedure 1.510, Ameri-Pride moved for and obtained a summary judgment based on an affidavit by its president…